Terms and Conditions

INTRODUCTION

These Terms and Conditions form the basis of the legal relationship between OSBEN Tech Solutions and all its clients who make use of the deployed platform for both personal and professional reasons. It also incorporates the provisions of our Privacy Policy.

INTERPRETATION

App, Application or System - this refers to OSBEN’s deployed open-source ERP application that enables the client to manage their business on a single digital platform. Network Operator - means any party licensed to install, operate, and maintain a cellular telephony network; Services - shall mean and include all products and services offered or provided to Users by either Enterprise Resource Planning (ERP), Website BulkSMS, Email, etc. User - shall mean any natural or legal person who makes use of any of the Services or who uses or visits the application Privacy - means the protection of information that identifies and or concerns an individual or a group

SERVICES

 OSBEN shall endeavor to make available uninterrupted use of its system and delivery of all messages sent using its application. However, the delivery of messages in this case SMS messaging, is largely dependent on the effective functioning of network operators' cellular networks, network coverage, and the recipient's mobile handset. OSBEN does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any mobile handsets or mobile operating systems.

 The various Network Operators may modify, enhance, develop, or discontinue components of their services at any time without prior notice to us, in which event OSBEN shall in turn modify, enhance, develop or discontinue with the affected Services to Users without notice.

 OSBEN shall always endeavor to inform users of any updates, upgrades, or downtimes to be experienced on its application in so far as it is reasonably practicable.

 Messages shall be deemed to have been delivered when OSBEN has transmitted the messages to the appropriate network and has received feedback status on same,

 OSBEN shall have the right to withhold, terminate, or suspend the provision of Services to a User at any time if not doing so may affect the brand of OSBEN or negatively on its services. The user shall not be refunded any cash in instead of unexpired or unused hosting period, credit etc. Users are therefore cautioned against the below and others like it:

a)The sending of spam on the platform; b) The use of the system to terminate fraudulent messages c) The use of the application for phishing Users hereby indemnify OSBEN against any fine imposed on OSBEN or any damages suffered by OSBEN because of any act or omission of the user that amounts to a breach of any law or code of conduct to which OSBEN may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to OSBEN. Any amount not paid to OSBEN within 48 hours of notification thereof shall accrue interest at the prevailing commercial bank rate per annum.

SECURITY

 To use the platform, a User is required to complete the registration process and must provide OSBEN with up to date, complete and accurate information as requested by OSBEN. Failure to provide accurate and complete information on registration may result in termination and deletion of the Users account. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for all activities that occur in its account and shall be strictly liable to make payment of all charges incurred under its account whether these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack, or security breach.

 Users agree to notify OSBEN immediately of any unauthorized use of their account(s) or any other breach of security.

 In the event that a User wishes to replace the name, details, or person/employee using a specific OSBEN account and wishes to prevent the individual or person from accessing the account, the account holder shall inform OSBEN in writing of this change and change all details on the account accordingly. OSBEN may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request, and OSBEN shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.

 OSBEN will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's messaging account, phonebook or MSISDN's, other than in the normal course of the use of the Services, without the User's prior permission unless OSBEN believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interests of OSBEN, the User, or other third party, to enforce any of the provisions of these terms and conditions or to protect OSBEN's business or reputation. The User agrees that OSBEN if necessary may access its account and message contents for the purposes described above without notice and to respond to service or technical issues the User may communicate from time to time.

 A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.

 Users agree that OSBEN may make use of app visits and non-identifiable account usage data for statistical, research and marketing purposes. In providing its services, OSBEN shall not in its ordinary business process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that OSBEN may use and share de-personalised data for purposes set out above.

 Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users

 Where, for the purpose of providing the Services to you, any OSBEN Service acts as an Application Programming Interface ("API") for the purpose of specifying how different software systems should interact with each other, or where for that same purpose any OSBEN Service interacts with other API's, including third party API's, we may pass and retrieve data, including personal information, between the different software systems and third parties that interact via those API's.

 We may communicate with User’s, resellers and other persons by email and other messaging applications. You may opt out from promotional and marketing communications.

For more information on our data protection policy or to report a breach please

send mail to privacy@osbens.com